Syracuse (WSYR-TV) - Syracuse concert promoter Michael Banks was given two weeks to hire an attorney to represent him in the breach of contract suit filed by rocker Bret Michaels.
A telephone conference was held Thursday between a Federal Court Judge and the two parties to discuss the $5 million lawsuit.
Representatives for Michaels tell the court they need to amend the breach of contract suit to include the names of more people who bought tickets to the summer show, but weren't refunded. Michaels says Banks cancelled the show without telling him or his band.
Bret Michaels sues over cancelled show
August 18, 2010
Syracuse (WSYR-TV) - Bret Michaels has filed a $5 million lawsuit against the concert promoter who cancelled his Syracuse appearance without his knowledge.
U.S. District Court has confirmed that on Monday Michaels and Last Child Production Inc. filed suit against concert promoter Mike Banks and Aloha Events for breaching his contract and exposing him to public contempt and ridicule.
The concert was scheduled for August 5 at the CNY Regional Market, but Banks said it was had been postponed due to sluggish ticket sales. The morning of the show, Michaels' tour buses rolled up, and the band looked out the window to see absolutely nothing. "It's very unusual, very," said production manager Joey Stumpp. "We pride ourselves on being very organized and together."
Banks has said he tried to postpone concert because of lackluster ticket sales. "I tried to postpone it to save embarrassment for Mr. Michaels," he said.
Michaels, however, wasn't happy with this explanation. He says it's normal for a concert like this to have tons of walk-ins, because there are no seats. "You don't just go: 'Hey I don't feel like paying anybody.' I think with a guy like Mike, he bit off more than he could chew," he said.
On the day the concert was supposed to take place, Michaels' guitarist Pete Evick said Banks did not live up to his end of the bargain. Evick said Banks had until 9:00 p.m. Wednesday, August 4, to pay the deposit the group was supposed to receive prior to the concert. The group says, in typical situations, the deposit is collected well before the concert, but they extended the deadline until Wednesday evening.
Banks said on August 6 that an investor fell through at the last minute, and he paid a portion of the deposit. "Unfortunately some of those funds had to be used for other expenses, rent, security, beverages."
The complaint against Banks was filed in U.S. District Court in New York. It says that Michaels was set to perform in Syracuse on August 5, and that he arrived to perform without having received the full amount of a 10 percent deposit or any of a second 40 percent deposit. It also alleges that Banks told the press false reasons why the concert would be cancelled. The lawsuit asks for damage compensation of $5 million.
The first court date for the lawsuit will be December 16.
Michaels has since said that he is planning a November concert in Syracuse, but it appears very unlikely that anyone who held tickets for the August 5 show will get their money back from Banks.
The Attorney General's office suggests that those who wish to file a complaint against Mike Banks or his company, Aloha Events, should do so right away by calling (315) 448-4800.
Bret Michaels fans unlikely to see refund after cancelled show
August 10
Syracuse (WSYR-TV) - It's looking very unlikely that anyone will get their money back from the promoter of the Bret Michaels concert that never happened.
It was slated for last Thursday at the CNY Regional Market, but the promoter tried to reschedule it without telling the band, which showed up anyway.
From the beginning of the incident, promoter Mike Banks has not appeared to have many answers and little has changed.
A statement posted on Banks' website reads: "My advisors and I are working towards a plan of solution for this situation. Please check back for details upon its finalization."
Banks isn't saying anything else. That's not good enough to those people who bought tickets in advance.
"I don't think that's right. Everyone should know what's going on. If we want a refund for our tickets, that shouldn't be an issue," said Cindy Avery, who bought eight tickets to the tune of $180.
To make matters worse, she still has not received her tickets, despite the charge showing up on her credit card. "I'm wondering where my cash is and where my tickets are," she said.
Banks booked three local bands to open for Michaels and all are disappointed with what happened.
In an effort to make it up to ticketholders, Silent Fury, the Feroni Project, and Dirty Little Secret will have a show this Sunday at 4 p.m. at Shamrock's in North Syracuse. Anyone with Bret Michaels tickets will get in for free. All the money will be donated to Michaels' charity, the American Diabetes Association.
The attorney general's office suggests that those who wish to file a complaint against Mike Banks or his company, Aloha Events, should do so right away by calling (315) 448-4800.
Remainder of CNY Regional Market concerts cancelled
Aug. 6
Syracuse (WSYR-TV) - The remaining concerts planned for the CNY Regional Market for this month have been cancelled, and the market says it will never do business with the promoter of the shows again.
This comes 24 hours after a show featuring the Bret Michaels band was postponed. Concert promoter Mike Banks had a contract to do a full show but postponed the concert, without informing the band. Banks said ticket sales for the Regional Market were much lower than he had estimated.
Banks told NewsChannel 9 Friday he was working with various outlets to figure out how to coordinate refunds.
He said he would be issuing a news release later in the day with details.
Geno Elemos, who runs the CNY Regional Market, says he didn't even know Bret Michaels and Loverboy concerts were cancelled until he saw it on the news Wednesday night, and he runs the venue. The shows were cancelled because the bands weren't getting paid, and Elemos says the Regional Market doesn't want to be involved with that sort of business. "Still this guy has not said anything to Regional Market about it being cancelled," he said. "[Banks] totally ignored the Regional Market."
Bret Michaels also said they didn't know about the cancellation, so their tour busses pulled in Thursday morning and they were ready to rock. "You don't just go: 'Hey I don't feel like paying anybody.' I think with a guy like Mike, he bit off more than he could chew," he said.
Michaels says former Motley Crue front man Vince Neil gave him a warning about this stop. "Vince Neil had horrible experience here, horrible. He was here one month ago and we're friends and he said 'I had a horrible experience.'"
Elemos says that isn't the kind of reputation the Regional Market wants, especially when the business prides itself on never cancelling anything. "I waited for crowd to pretty much leave yesterday so I can tell Michael Banks: 'You're not coming back here again. The Regional Market doesn't want to be associated with someone like you. What you just pulled here.'"
Banks says he tried to postpone concert because of lackluster ticket sales. "I tried to postpone it to save embarrassment for Mr. Michaels."
Elemos says Banks is the one who caused the embarrassment. "It was nice of Bret Michaels to get off the bus. He didn't have to do that. You just embarrassed the guy, he came to put on a show and you embarrassed the guy."
"It doesn't matter if 5 or 55,000 people came," Michaels said. "They came to see a rock show and he took responsibility and now he has responsibility of paying it."
Banks says an investor fell through at the last minute, and he paid a portion of the deposit. "Unfortunately some of those funds had to be used for other expenses, rent security beverages."
Elemos, however, says he doesn't buy Banks' story. "What rent? He didn't even pay us for Bret Michaels yet. He still owes us money from last year."
Michaels says its normal for a concert like this to have tons of walk-ins, because there are no seats. Kellie Mista, however, bought her tickets online. She says to buy them online she was required to purchase five for $24 each, but they never arrived. "I got juggled between three people in the office and they assigned blame back to me," she said.
When asked if he would give refunds to customers like Mista who paid in advance, Banks responded, "That I'd have to check."
As a result, many customers are filing complaints through PayPal.
Bret Michaels greets Syracuse fans; plans November concert
August 5, 2010
Syracuse (WSYR-TV) - In a one-on-one interview with NewsChannel 9, Bret Michaels said that he and his group will return in November to perform for fans in Syracuse. Michaels made an appearance at the CNY Regional Market Thursday, despite the postponement of his show there.
The tour buses rolled up early Thursday morning, and the band looked out the window to see absolutely nothing. "It's very unusual, very," said production manager Joey Stumpp. "We pride ourselves on being very organized and together."
Concert promoter Mike Banks had a contract to do a full show but postponed the concert, without informing the band. "Never once has the idea of rescheduling come up," said guitarist Pete Evick.
Wednesday, concert promoter Mike Banks told NewsChannel 9 the show at the CNY Regional Market been postponed due to sluggish ticket sales.
Evick says Banks did not live up to his end of the bargain. He had until 9pm Wednesday to pay the deposit the group was supposed to receive prior to the concert. The group says, in typical situations, the deposit is collected well before the concert, but they extended the deadline until Wednesday evening.
"You don't just go: 'Hey I don't feel like paying anybody.' I think with a guy like Mike, he bit off more than he could chew," said Bret Michaels.
As of Noon Thursday, the group had not received any deposit money.
Michaels performed in front of a large crowd in Big Flats Wednesday night. His appearance on NBC's show "America's Got Talent," which aired last night, was taped at an earlier time.
Following the performance in the Southern Tier, Michaels and the group decided to head to Syracuse and figure out what to do.
They say they were ready to perform, but nothing was ready for them. "There's no stage, no sound, no lights and now you're putting the blame on everybody else, which we heard you would do," said Stumpo.
Banks said he advertised everyway he could think of, except for billboards, and wasn't getting enough people to buy tickets. "I never anticipated less than 1000 tickets would be sold online for a superstar like Bret Michaels," he said. "A lot of the money which was set aside for deposits was used up due to lower attendance than anticipated."
Bret Michaels group says they have nearly sold-out every venue they have played while on tour. They say if Banks didn't sell enough tickets, that is his problem.
Michaels also says that it's normal for there to be low sales in advance. Everyone shows up at the door, because with general admission, you get the same chance at seeing the show up close. "Here's what he's done: lots of fans will be disappointed," said Michaels. "The fans mean everything to me everything cause to me that's what make the rock-n-roll world go round."
"Probably a lot of artists would not have come at all. But Brett's dedication to fans -- he's the real deal," said Evick.
Bret Michaels appearance at CNY Block Party postponed
Aug. 4
Syracuse (WSYR-TV) - Bret Michaels will not be appearing at the CNY Regional Market Thursday. The promoter did not give a specific reason, but said it had nothing to do with the star's recent health problems.
Bret Michaels and the Roses and Thorns Tour was scheduled to perform as part of the Summer Concert Series at the CNY Regional Market.
There was no immediate word on when the concert would be rescheduled.
According to numerous news reports, Michaels was set to make an appearance on the August 4 edition of America's Got Talent.
Michaels will perform "Every Rose Has Its Thorn" on the live results show.
Michaels was in Central New York last month for a concert at the Turning Stone Resort and Casino. The date of that performance was pushed back several weeks because of life-threatening health issues Michaels was dealing with.
Loverboy, who was scheduled to appear on August 19th, has also cancelled their appearance at the CNY Regional Market.
